Advice pls- Being threated with Court action over Ebay sale.

[archermav]

Blimey mate, does he want you to bend over for him as well? Just how do you know that all these problems are in fact true, who is to say that he hasn't swapped any internals over and is now trying to get his money back.

Tell him to politely do one!!!!

[Smokey]

In a similar story, Kat and I sold her Micra '06 on 32,000 miles. I passed its MOT but we was leaking oil but no idea where it was going! Arnold Shark wanted stupid money to replace engine so sold on eBay as an auction.

Ended up with £2000 from a garage down south which was more than expected but it was a mechanic so he obviously though he could fix it easy and resell it.

He was wrong! He got a guy to collect it and drive it down south, we gave him oil as it needed topped up every 150 miles. It supposedly broker down and was smoking at exhaust (never did with us) gave the threats of legal action as not as described and said it was obviously a dodgy garage that passed its mot (he didn't know it was AC) he demanded £250 to cover his loss too.

I emailed him, copied my description on eBay, explained who did the MOT which was where it was also regularly serviced and told him he had no chance of any money. If he wanted to go to court, he was welcome to but he had I chance.

Never heard from him again!

(used the money to buy the mk2 110 )

[caled]

Caveat emptor. 'Nuff said.

[coreygraham180]

Jay i would let him try and take you to court as you did not complete a sale through ebay so that is irrelevant as other have said and what is it say the break down is not his fault when he has been working it or quite possibly been riding it like a tw*t and that is why it is now broken and him trying to recoup cost so i would tell him to take you to court and try and get money out of you because once that bike is sold you have no interest in the bike and as soon as he agrees to have it ...its his problem

just my thoughts but i think most of the forum is having the same thoughts

[Ritchy]

Honestly reading that hes realised you keep pying up, its a private sale, you dont need to provide warranty, as said he wont win at court but point out to him you have been more than fair up till now.

If in doubt contact citizens advice

[peterzs]

Dont know much about motor bikes, but the way I see it, the guy took it out for a test drive, 10 mins or so, looked it over and must have been happy with it.

Whose to say he hasnt over revved it all the way home, dropped it, missed gear change etc. Did it have a rev limiter, even if it did he could have bounced it up there.

It must have been to a good standard to get the MoT, when you had it on the rolling road did you have any problems with over heating or the 6th gear slipping???

Think you have been more than fair with the guy. If it did go to court, think you will be able to say that you gave him a refund and he accepted it. He could have rejected it and tried for more cash or return the bike.

Was your partner with you when you were selling the bike, if she heard you say to him, sold as seen, would help your argument, if it goes that far.

Not a great fan of Citizens Advice Bureau, but might be worth having a chat with them.

Shame you got the hassle Jay, as Petet16 says sounds like he is trying it on.

Just had a look at a bike forum and found this:-

http://www.bikechatforums.com/viewtopic.php?p=3231289

Think they point out that as it was a private sale, he had the chance to look it over and accepted it, down to him. Same as your guy.

[Dan1971]

I'd have told him to forget it straight away mate to be honest... And after he's stripped it he can F right off.

You've been more than fair. A well constructed email along the lines of - the bike was sold to you in circumstances where you were made aware of the history and I have not knowingly mislead you, or described anything knowingly incorrectly. I will hear nothing more on the matter and if you wish to pursue me through a small claim court you have that right.....

[talkingcars]

It was a private sale and he checked it over before hand. You have gone way beyond by giving him refunds which most people wouldn't have done. I guess he thinks you are a push over - unfortunatly by buying outside ebay he hasn't a leg to stand on and then he shot himself in the foot by dismantaling the thing, he should have taken it to a proper engineer - ask him to return it to you in the state it was when he took it or to do one.

[petet16]

Good link that Peter, I like the bloke who bought the bike whinging about signing the sold as seen receipt, I've always done that when buying and selling privately, in fact if a buyer wouldn't sign a receipt I'd give him his money back and cancel the sale to avoid the problem which Jay now has.

I am suspicious about the buyer being in too much of a rush to leave without a receipt as well.

[peterzs]

Makes you wonder, be interesting to see if he keeps it or it suddenly pops back on ebay at the £2,000 mark!!!!